22868 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. A presiding 

officer, having granted an exemption 

request from using E–Filing, may 

require a participant or party to use E– 

Filing if the presiding officer 

subsequently determines that the reason 

for granting the exemption from use of 

E–Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested not to 

include personal privacy information, 

such as social security numbers, home 

addresses, or home phone numbers in 

their filings, unless an NRC regulation 

or other law requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

If a person other than the Licensee 

requests a hearing, that person shall set 

forth with particularity the manner in 

which his interest is adversely affected 

by this Confirmatory Order and shall 

address the criteria set forth in 10 CFR 

2.309(d) and (f). 

If the hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an order 

designating the time and place of any 

hearing. If a hearing is held, the issue to 

be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section V above shall be final 20 days 

from the date this Confirmatory Order 

was published in the Federal Register, 

without further order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section V shall 

be final when the extension expires if a 

hearing request has not been received. A 

request for hearing shall not stay the 

immediate effectiveness of this order. 

Dated this 16th day of April 2010. 

For the Nuclear Regulatory Commission. 

Elmo E. Collins, 

Regional Administrator. 

[FR Doc. 2010–9956 Filed 4–29–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0167] 

Withdrawal of Regulatory Guide 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Withdrawal of Regulatory Guide 

(RG) 1.165, ‘‘Identification and 

Characterization of Seismic Sources and 

Determination of Safe Shutdown 

Earthquake Ground Motion.’’ 

FOR FURTHER INFORMATION CONTACT: 

Rebecca L. Karas, Geosciences & 

Geotechnical Engineering Branch 1, 

Division of Site & Environmental 

Reviews, Office of New Reactors, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

301–415–7533 or e-mail 

Rebecca.Karas@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing RG 

1.165, ‘‘Identification and 

Characterization of Seismic Sources and 

Determination of Safe Shutdown 

Earthquake Ground Motion,’’ dated 

March 1997. RG 1.165 provides general 

procedures to satisfy the requirements 

of Title 10 of the Code of Federal 

Regulations, part 100.23, ‘‘Geologic and 

Seismic Siting Criteria’’ (10 CFR 100.23) 

for siting and licensing new reactors or 

new reactor plant sites. It has been 

replaced with RG 1.208, ‘‘A 

Performance-Based Approach to Define 

the Site-Specific Earthquake Ground 

Motion.’’ 

The withdrawal of Regulatory Guide 

1.165 does not alter the licensing basis 

of any currently operating reactor or any 

of the currently issued early site permits 

under 10 CFR part 52, subpart A. The 

siting decision is final for all licenses 

and early site permits that were 

reviewed and approved prior to this 

withdrawal of this guide. Additionally, 

the withdrawal of Regulatory Guide 

1.165 does not affect the approval of any 

currently approved design certification 

under 10 CFR part 52, Appendix B. The 

design basis for each design 

certification, including seismic and 

earthquake design, were established and 

approved as part of the issuance of each 

design certification and, in accordance 

with 10 CFR 52.63, may not be changed 

except through rulemaking amending a 

design certification rule. 

The withdrawal of Regulatory Guide 

1.165 may affect applications, design 

certifications or design certification 

amendments currently under active 

consideration by the NRC or any future 

applications for new, amended, or 

renewed design certifications. If the 

applications were prepared (or are being 

prepared) to comply with RG 1.165, the 

NRC may request the applicant to 

demonstrate how the proposed design 

compares with a design meeting the 

guidance in Regulatory Guide 1.208. 

Finally, withdrawal of Regulatory Guide 

1.165 may affect the NRC’s 

consideration of any current combined 

license application under 10 CFR part 

52, subpart C if the application was 

prepared to meet the withdrawn 

regulatory guide. The NRC may request 

that the applicant demonstrate how the 

proposed design meeting the guidance 

in Regulatory Guide 1.165 compares 

with a design meeting the guidance in 

new Regulatory Guide 1.208. 

Regulatory Guide 1.165 is being 

withdrawn and replaced with the 

improved guidance in RG 1.208 which 

incorporates new developments in 

ground motion estimation models; 

updated models for earthquake sources; 

methods for determining site response; 

and new methods for defining a sitespecific, performance-based ground 

motion response spectrum (GMRS). 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22869 

The outmoded guidance in RG 1.165 

was based on site and region-specific 

investigations combined with a 

probabilistic seismic hazard assessment. 

The new guidance in RG 1.208 

incorporates developments in ground 

motion estimation models and new 

methods for defining site specific 

ground motion response spectrum 

which allows for approximately 

consistent performance of structures, 

systems, and components across a range 

of seismic environments. 

II. Further Information 

The withdrawal of Regulatory Guide 

1.165 does not alter any prior or existing 

licensing commitments based on its use. 

The guidance provided in this 

regulatory guide is no longer necessary. 

Regulatory guides may be withdrawn 

when their guidance is superseded by 

congressional action or no longer 

provides useful information. 

Regulatory guides are available for 

inspection or downloading through the 

NRC’s public Web site under 

‘‘Regulatory Guides’’ in the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/doccollections. Regulatory guides are also 

available for inspection at the NRC’s 

Public Document Room (PDR), Room O– 

1 F21, One White Flint North, 11555 

Rockville Pike, Rockville, MD 20852– 

2738. The PDR’s mailing address is US 

NRC PDR, Washington, DC 20555–0001. 

You can reach the staff by telephone at 

301–415–4737 or 800- 397–4209, by fax 

at 301–415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 23rd day 

of April, 2010. 

For the Nuclear Regulatory Commission. 

Robert G. Carpenter, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. 2010–10113 Filed 4–29–10; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Proposed Submission of Information 

Collection for OMB Review; Comment 

Request; Reconsideration of Initial 

Determinations 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of intent to request 

extension of OMB approval of 

information collection. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (‘‘PBGC’’) intends to request 

the Office of Management and Budget 

(‘‘OMB’’) to extend approval, under the 

Paperwork Reduction Act, of a 

collection of information under its 

regulation on Rules for Administrative 

Review of Agency Decisions. This 

notice informs the public of PBGC’s 

intent and solicits public comment on 

the collection of information. 

DATES: Comments should be submitted 

by June 29, 2010. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

E-mail: 

paperwork.comments@pbgc.gov. 

Fax: 202–326–4224. 

Mail or Hand Delivery: Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026. 

PBGC will make all comments 

available on its Web site, http:// 

www.pbgc.gov. 

Copies of the collection of 

information may also be obtained 

without charge by writing to the 

Disclosure Division of the Office of the 

General Counsel of PBGC at the above 

address or by visiting the Disclosure 

Division or calling 202–326–4040 

during normal business hours. (TTY and 

TDD users may call the Federal relay 

service toll-free at 1–800–877–8339 and 

ask to be connected to 202–326–4040.) 

PBGC’s regulation on Administrative 

Appeals may be accessed on PBGC’s 

Web site at http://www.pbgc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, or Donald 

McCabe, Attorney, Regulatory and 

Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, 202– 

326–4024. (For TTY and TDD, call 800– 

877–8339 and request connection to 

202–326–4024). 

SUPPLEMENTARY INFORMATION: PBGC’s 

regulation on Rules for Administrative 

Review of Agency Decisions (29 CFR 

part 4003) prescribes rules governing 

the issuance of initial determinations by 

PBGC and the procedures for requesting 

and obtaining administrative review of 

initial determinations through 

reconsideration or appeal. Subpart A of 

the regulation specifies which initial 

determinations are subject to 

reconsideration. Subpart C prescribes 

rules on who may request 

reconsideration, when to make such a 

request, where to submit it, form and 

content of reconsideration requests, and 

other matters relating to 

reconsiderations. 

Any person aggrieved by an initial 

determination of PBGC under 

§ 4003.1(b)(1) (determinations that a 

plan is covered by section 4021 of 

ERISA), § 4003.1(b)(2) (determinations 

concerning premiums, interest, and late 

payment penalties under section 4007 of 

ERISA), § 4003.1(b)(3) (determinations 

concerning voluntary terminations), or 

§ 4003.1(b)(4) (determinations 

concerning allocation of assets under 

section 4044 of ERISA) may request 

reconsideration of the initial 

determination. Requests for 

reconsideration must be in writing, be 

clearly designated as requests for 

reconsideration, contain a statement of 

the grounds for reconsideration and the 

relief sought, and contain or reference 

all pertinent information. 

OMB has approved the 

reconsiderations collection of 

information under control number 

1212–0063 through September 30, 2010. 

PBGC intends to request that OMB 

extend approval of this collection of 

information for three years. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

PBGC estimates that an average of 796 

appellants per year will respond to this 

collection of information. PBGC further 

estimates that the average annual 

burden of this collection of information 

is 0.30 hours and $601 per person, with 

an average total annual burden of 231 

hours and $478,575. 

PBGC is soliciting public comments 

to— 

• Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

collection of information, including the 

validity of the methodology and 

assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1